The Outer Hebrides (Landing of Crabs and Lobsters) Order 2015

Citation and commencement

1.  This Order may be cited as the Outer Hebrides (Landing of Crabs and Lobsters) Order 2015 and comes into force on 29th May 2015.

Interpretation

2.  In this Order—

“the Act” means the Sea Fish (Conservation) Act 1967;

“foreign fishing boat” means any fishing boat other than a fishing boat which is either registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(1) or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act; and

“lobster” means lobster of the species Homarus gammarus.

Prescribed minimum size for landing velvet crabs in the Outer Hebrides

3.—(1) The Undersized Velvet Crabs Order 1989(2) is amended in accordance with paragraph (2).

(2) In article 2 (prescribed minimum size for landing velvet crabs and exemptions from landing prohibitions)—

(a) in paragraph (1), for “For” substitute “Subject to paragraph (1A), for”;

(b) after paragraph (1) insert—

“(1A) For the purposes of section 1(1) of the Act, in relation to landing in the Outer Hebrides, there is prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 70 millimetres.”; and

(c) in paragraph (2), for “paragraph (1)” substitute “paragraphs (1) and (1A)”.

Prescribed minimum size for landing edible crabs in the Outer Hebrides

4.—(1) The Undersized Edible Crabs (Scotland) Order 2000(3) is amended in accordance with paragraph (2).

(2) In Schedule 2 (minimum landing sizes), after the entry relating to the area of coast surrounding the Firth of Forth, insert—

“Column 1 Area of coast	Column 2 Prescribed minimum landing sizes
The coasts of the islands of the Outer Hebrides	Male edible crabs: 150mm
	Female edible crabs: 150mm”.

Prescribed minimum size for landing lobsters in the Outer Hebrides

5.—(1) The Undersized Lobsters (Scotland) Order 2000(4) is amended in accordance with paragraph (2).

(2) In article 3 (prescribed minimum size for landing lobsters)—

(a) in paragraph (1), for “For” substitute “Subject to paragraph (1A), for”;

(b) after paragraph (1) insert—

“(1A) For the purposes of section 1(1) of the Act, in relation to landing in the Outer Hebrides, there is prescribed as the minimum size for lobsters a size of—

(a) from 29th May 2015 to 28th May 2016, both dates inclusive, 88 millimetres;

(b) on or after 29th May 2016, 90 millimetres.”; and

(c) in paragraph (2), for “paragraph (1)” substitute “paragraphs (1) and (1A)”.

Prescribed maximum size for landing female lobsters in the Outer Hebrides

6.—(1) For the purposes of section 1(1) of the Act (which prohibits the landing in Scotland of any sea fish of any description, which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description), in relation to landing in the Outer Hebrides, there is prescribed as the maximum size in relation to sea fish of the description of female lobster a size of 145 millimetres.

(2) In this article, “size”, in relation to a lobster, means the length of the carapace parallel to the midline, from the back of either eye socket to the distal edge of the carapace and is to be measured as shown in Schedule 1.

(3) Landing from foreign fishing boats is exempted from the prohibition imposed by section 1(1) of the Act as read with paragraph (1).

Prohibition on landing crippled female lobsters caught in specified waters

7.—(1) The landing in Scotland of any crippled female lobster, caught in the waters specified in paragraph 2 of Schedule 2, is prohibited.

(2) In this article, “crippled female lobster” means a female lobster missing—

(a) part of, or all of, its crusher claw; or

(b) part of, or all of, its cutter claw.

(3) Landing from foreign fishing boats is excepted from the prohibition imposed by paragraph (1).

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew’s House,

Edinburgh

28th April 2015